Question

Which of the following statements regarding the privileges and immunities of the Advocate General is correct?

• A. He/She enjoys all privileges and immunities available to Members of Parliament.
• B. He/She enjoys all privileges and immunities available to state legislature members.
• C. His/Her privileges are limited to judicial immunity in courts within the state.
• D. The Constitution does not specify any privileges or immunities for the Advocate General.

Answer 1

Answer:

B. He/She enjoys all privileges and immunities available to state legislature members.

Privileges and Immunities of the Advocate General in India

• The Advocate General of a State in India is a high constitutional office, akin to the Attorney General at the Union level, but with specific powers and limitations related to the State.

• Article 165 of the Constitution of India deals with the Advocate General for the State. It states that the Governor shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate General for the State.

• Key Privilege: The Advocate General enjoys certain privileges and immunities, which are primarily derived from their position and the nature of their duties.

• The most significant privilege is that he/she enjoys all the privileges and immunities available to the members of the State Legislature. This means they have similar protections concerning their speech in the legislature and their person, to facilitate their participation and functioning.

• Right to Participate: While not a full member, the Advocate General has the right to speak and take part in the proceedings of the State Legislature (including any committee thereof) of which he/she may be named a member. However, they do not have the right to vote. This is similar to the Attorney General's position in the Union Parliament.

• No Specific Constitutional Mention of All Privileges: Unlike MPs and MLAs, the Constitution does not explicitly list all the privileges and immunities of the Advocate General. However, the provision that they enjoy the same privileges as State Legislators is crucial.

• Comparison with Attorney General: The Attorney General of India, as per Article 88 of the Constitution, has the right to speak and take part in the proceedings of both Houses of Parliament but has no right to vote. They also enjoy immunities available to members of Parliament. The Advocate General's position in the State Legislature mirrors this.

• Purpose of Privileges: These privileges are granted to ensure that the Advocate General can perform their constitutional duties without fear or favour, and to enable their effective participation in legislative proceedings where their legal expertise is often required.

• Appointment and Removal: The Advocate General is appointed by the Governor and holds office during the pleasure of the Governor. This means they can be removed by the Governor at any time without assigning any reason.